Rajasthan High Court - Jodhpur
Babu Lal Yadav vs State Of Rajasthan And Ors. ... on 2 December, 2023
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2023:RJ-JD:41702]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12043/2017
Babu Lal Yadav S/o Ganpat Ram Yadav, By Caste Mali, Resident
Of Ward No. 4, Near Gate No. 2, Gopal Pura Ka Rasta,
Sujangarh.
----Petitioner
Versus
1. The State Of Rajasthan Through Secretary, Public Health
Engineering Department, Government Of Rajasthan,
Jaipur.
2. The Chief Engineer, Public Health Engineering
Department, Government Of Rajasthan, Jaipur.
3. The Superintending Engineer, Public Health Engineering
Department, Circle Churu, Churu Raj.
4. The Assistant Engineer, Public Health Engineering
Department, Subdivision Sujangarh Dist Churu Raj.
----Respondents
For Petitioner(s) : Mr. C.S. Bissa.
For Respondent(s) : Ms. Anjana Jawa, Dy. G.C.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 02/12/2023 Learned counsel for the petitioner submits that the controversy involved in the present writ petition is squarely covered by a decision rendered in the case of Sohanlal Mathur vs. State of Rajasthan & Ors. (SBCWP No.3631/2008), decided on 17.11.2008, which has been affirmed by Apex Court in SLP (Civil) No.14932/2012.
Learned Single Judge of this Court, while deciding the case of Sohanlal (supra) has relied on an earlier judgment in Sharvan (Downloaded on 04/12/2023 at 08:42:26 PM) [2023:RJ-JD:41702] (2 of 2) [CW-12043/2017] Kumar Vs. State of Rajasthan & Ors. (S.B.Civil Writ Petition No.2156/2007, decided on 05.09.2008). The Court held:-
"In view of whatever said above, this petition for writ deserves acceptance and, therefore, the same is allowed. The respondents are directed to allow selection grade to the petitioner on completion of 18 years of service as per para 5 of the notifications dated 25.1.1992 and 17.02.1998. The petitioner is declared entitled for getting the pay scale of Rs.1400-2600 (Rs.5000-8000) as second selection grade on completion of 18 years of service and the pay scale of Rs.5500-9000 on completion of 27 years of service as the third selection grade. The entitlement as declared above is required to be executed by the respondents within a period of six months from today."
Ms. Anjana Jawa, Dy. G.C. appearing for the respondents is not in position to dispute the fact that the controversy involved in the matter has already been settled by this Court in the case of Sohanlal Mathur (supra).
In this view of the matter, the instant writ petition is also allowed in the same terms and the petitioner is declared entitled for the grant of pay scale of Rs.5000-8000 instead of Rs.4000- 6000 as third selection grade. Thereafter, pay of the petitioner be revised by taking option form from him, if required.
The entitlement as above be executed within a period of six months from today.
(KULDEEP MATHUR),J 329-Tikam/-
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